Row over alleged defects at Marina Bay condo The Sail to go to court

The row has been festering for about four years, with The Sail@Marina Bay residents pointing to a range of alleged defects at the 1,111-unit project.
The row has been festering for about four years, with The Sail@Marina Bay residents pointing to a range of alleged defects at the 1,111-unit project.PHOTO: ST FILE

City Developments, main contractor of posh Marina Bay condo named as defendants in suit; hearing next month

A bitter and long-running dispute between owners at posh condominium The Sail@Marina Bay and City Developments (CDL) over alleged defects will finally be heard in court next month.

The row has been festering for about four years, with owners pointing to a range of alleged defects at the 1,111-unit project, which received its temporary occupation permits in 2008.

The most serious and costly defect is said to be the rubbish chute system, which has resulted in residents having to put up with unpleasant smells. There have also been complaints about water leaks at the lift areas and burst underground water pipes that had to be repaired. In all, residents have forked out more than $1 million to rectify problems, with more to come.

The condominium's Management Corporation Strata Title (MCST) is holding an extraordinary general meeting on Saturday next week to seek owner approval to use $3.3 million from the sinking fund to replace the vertical section of the waste collection system.

It also wants consent to use up to $450,000 from the management fund for legal proceedings and another $100,000 to engage non-legal experts. Trial hearings are scheduled to be held on Feb 6.

The MCST's statement of claims alleges that "numerous defects have become manifestly apparent in the development and which demonstrate a failure to develop and/or construct the development in a good and workman-like manner with reasonable skill and care and/or to ensure that the development is reasonably fit for the purpose for which it was intended".

It also claims that CDL is in breach of contract against the original buyers and its duty of care to design and construct the development to "a reasonable, functional and safe standard", to ensure that it would be reasonably free of defects, and to maintain it in good condition before the handover of management and maintenance to the MCST.

 

The condominium's Management Corporation Strata Title (MCST) is holding an extraordinary general meeting on Saturday next week to seek owner approval to use $3.3 million from the sinking fund to replace the vertical section of the waste collection system.

It also wants consent to use up to $450,000 from the management fund for legal proceedings and another $100,000 to engage non-legal experts. Trial hearings are scheduled to be held on Feb 6.

CDL had earlier denied the claims but said yesterday that it was unable to comment further as it is an ongoing court matter.

Dragages Singapore - the project's main contractor - is also named as a defendant in the lawsuit. It has denied that it is liable for any alleged defects.

Both defendants have noted that The Sail@Marina Bay was awarded a high Construction Quality Assessment System score, an assessment of building quality by the Building and Construction Authority (BCA).

Its score of 94.8 per cent puts the estate among the top 10 per cent of all private housing projects in Singapore since 1988, CDL said in its statement of defence. The project also received an award for construction excellence from the BCA in 2010.

Meanwhile, CDL has fended off a separate legal dispute raised by owners of Shelford Suites, whose MCST filed a legal complaint against CDL and main contractor Tiong Seng Contractors last year.

Owners also claimed numerous defects but it is understood that the issues have been resolved.

A version of this article appeared in the print edition of The Straits Times on January 19, 2018, with the headline 'Row over alleged defects at The Sail to go to court'. Print Edition | Subscribe